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(including, but not limited to, documents contained in a response, documents submitted to clarify a response, &documents submitted during negotiations), unless the page is conspicuously marked "TRADE SECRET" or"CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as required by these biddinginstructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, & (3) agrees that,notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures usedto determine the award, as well as the final contract amount, are subject to public disclosure.§ 9.3.6 In determining whether to release documents, the State will detrimentally rely on the Bidders' marking ofdocuments, as required by these bidding instructions, as being either "Confidential" or "Trade Secret" or"PROTECTED".§ 9.3.7 By submitting a response, the Bidder agrees to defend, indemnify & hold harmless the State of South Carolina, itsofficers & employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arisingout of or resulting from the State withholding information that Bidder marked as "confidential" or "trade secret" or"PROTECTED".§ 9.4 POSTING OF INTENT TO AWARDThe SE-370, Notice oflntent to Award, will be posted at the following location:Room or Area of Posting: LobbyBuilding Where Posted: Facilities CenterAddress of Building: 1300 Pickens Street, Columbia, South Carolina 29208WEB site address (if applicable): http://purchasing.sc.eduPosting date will be announced at bid opening. In addition to posting the notice, the Owner will promptly send allresponsive bidders a copy of the notice of intent to award and the final bid tabulation§ 9.5 PROTEST OF SOLICITATION OR AWARD§ 9.5.1 Any prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the solicitationof a contract shall protest within fifteen (15) days of the date of issuance of the applicable solicitation document at issue.Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or awardof a contract shall protest within ten ( I 0) days of the date notification of intent to award is posted in accordance withTitle 11, Chapter 35, Section 4210 of the South Carolina Code of Laws, as amended. A protest shall be in writing, shallset forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to bedecided, and must be received by the State Engineer within the time provided.§ 9.5.2 Any protest must be addressed to the CPO, Office of State Engineer, and submitted in writing:.1by email to protest-ose@mmo.sc.gov,.2 by facsimile at 803-737-0639, or.3 by post or delivery to 120 I Main Street, Suite 600, Columbia, SC 29201.By submitting a protest to the foregoing email address, you (and any person acting on your behalf) consent to receivecommunications regarding your protest (and any related protests) at the e-mail address from which you sent yourprotest.§ 9.6 SOLICITATION INFORMATION FROM SOURCES OTHER THAN OFFICIAL SOURCESouth Carolina Business Opportunities (SCBO) is the official state government publication for State of South Carolinasolicitations. Any information on State agency solicitations obtained from any other source is unofficial and anyreliance placed on such information is at the bidder's sole risk and is without recourse under the South CarolinaConsolidated Procurement Code.§ 9.7 BUILDER'S RISK INSURANCEBidders are directed to Article 11.3 of the South Carolina Modified AJA Document A20 I, 2007 Edition, which, unlessprovided otherwise in the bid documents, requires the contractor to provide builder's risk insurance on the project.§ 9.8 TAX CREDIT FOR SUBCONTRACTING WITH MINORITY FIRMS§ 9.8.1 Pursuant to Section 12-6-3350, taxpayers, who utilize certified minority subcontractors, may take a tax creditequal to 4% of the payments they make to said subcontractors. The payments claimed must be based on work performeddirectly for a South Carolina state contract. The credit is limited to a maximum of fifty thousand dollars annually. Thelnit.AIA Document A701 -1997. Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. South CarolinaDivision of Procurement Services, Office of the State Engineer Version of AIA DocumentA701 "1-1997. Copyrlghti!:12016 by The American lnsti1ute ofArchitects. AH rights reserved. WARNING: This AIAO) Document Is pro!Dctod l y U.S. Copyright Law and l11ternnUonol Troalios. Unnulhorizedrep,oduction or distribution or this AIA,; Document. or any portion of It. may rosult in severe civil and criminal penalties, and will be prosecuted to themaximum extent possible under the law. This document was created on 03/06/2017 11 :41 :24under license number 2009582980 and is not forresale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion11

A310Bid Bond(2010 Edition)Original AIA Document on file at the office ofUniversity of South Carolina, 743 Greene Street,Columbia, SC 29208

2016 EditionSE-330LUMP SUM BID FORMBidders shall submit bids on only Bid Form SE-330.BID SUBMITTED BY:(Bidder's Name)BID SUBMITTED TO:(Owner’s Name)FOR: PROJECT NAME: USC Union Central Building Metal Roof Replacement, Paintng andExterior RepairsPROJECT NUMBER: H40-I304OFFER§ 1.In response to the Invitation for Construction Services and in compliance with the Instructions to Bidders for the abovenamed Project, the undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with theOwner on the terms included in the Bidding Documents, and to perform all Work as specified or indicated in theBidding Documents, for the prices and within the time frames indicated in this Bid and in accordance with the otherterms and conditions of the Bidding Documents.§ 2.Pursuant to Section 11-35-3030(1) of the SC Code of Laws, as amended, Bidder has submitted Bid Security as followsin the amount and form required by the Bidding Documents:Bid Bond with Power of AttorneyElectronic Bid BondCashier's Check(Bidder check one)§ 3.Bidder acknowledges the receipt of the following Addenda to the Bidding Documents and has incorporated the effectsof said Addenda into this Bid:(Bidder, check all that apply. Note, there may be more boxes than actual addenda. Do not check boxes that do not apply)ADDENDA:§ 4.#1#2#3#4#5Bidder accepts all terms and conditions of the Invitation for Bids, including, without limitation, those dealing with thedisposition of Bid Security. Bidder agrees that this Bid, including all Bid Alternates, if any, may not be revoked orwithdrawn after the opening of bids, and shall remain open for acceptance for a period of 60 Days following the BidDate, or for such longer period of time that Bidder may agree to in writing upon request of the Owner.§ 5.Bidder herewith offers to provide all labor, materials, equipment, tools of trades and labor, accessories, appliances,warranties and guarantees, and to pay all royalties, fees, permits, licenses and applicable taxes necessary to completethe following items of construction work:§ 6.1 BASE BID WORK (as indicated in the Bidding Documents and generally described as follows):Replace the existingasphalt shingle roofing assembly, replace the standing seam metal roof assembly with copper, install Liquid AppliedRoofing over existing EPDM Flexible Sheet Membrane and exterior wood restoration and painting on the CentralBuilding. See drawings and project manual for further detailed information. , which sum is hereafter called the Base Bid.(Bidder to insert Base Bid Amount on line above)BF – 1SE-330

2016 EditionSE-330LUMP SUM BID FORM§ 6.2 BID ALTERNATES as indicated in the Bidding Documents and generally described as follows:ALTERNATE # 1 (Brief Description):ADD TO orDEDUCT FROM BASE BID: (Bidder to mark appropriate box to clearly indicate the price adjustment offered for each Alternate)ALTERNATE # 2 (Brief Description):ADD TO orDEDUCT FROM BASE BID: (Bidder to mark appropriate box to clearly indicate the price adjustment offered for each Alternate)ALTERNATE # 3 (Brief Description):ADD TO orDEDUCT FROM BASE BID: (Bidder to mark appropriate box to clearly indicate the price adjustment offered for each Alternate)§ 6.3 UNIT PRICES:BIDDER offers for the Agency’s consideration and use, the following UNIT PRICES. The UNIT PRICES offeredby BIDDER indicate the amount to be added to or deducted from the CONTRACT SUM for each item-unitcombination. UNIT PRICES include all costs to the Agency, including those for materials, labor, equipment, tools oftrades and labor, fees, taxes, insurance, bonding, overhead, profit, etc. The Agency reserves the right to include or notto include any of the following UNIT PRICES in the Contract and to negotiate the UNIT PRICES with BIDDER.No.ITEMUNIT OFMEASUREADDDEDUCT1.Plywood deckingSF 2.Wood framing or cornice trimBF 3. 4. 5. 6. BF – 1ASE-330

2016 EditionSE-330LUMP SUM BID FORM§ 7. LISTING OF PROPOSED SUBCONTRACTORS PURSUANT TO SECTION 3020(b)(i),CHAPTER 35, TITLE 11 OF THE SOUTH CAROLINA CODE OF LAWS, AS AMENDED(See Instructions on the following page BF-2A)Bidder shall use the below-listed Subcontractors in the performance of the Subcontractor Classification work listed:SUBCONTRACTORCLASSIFICATIONBy License Classificationand/or Subclassification(Completed by Owner)SUBCONTRACTOR'SPRIME CONTRACTOR'SNAME(Must be completed by Bidder)SUBCONTRACTOR'SPRIME CONTRACTOR'SSC LICENSE NUMBER(Requested, but not Required)BASE BIDALTERNATE #1ALTERNATE #2ALTERNATE #3.If a Bid Alternate is accepted, Subcontractors listed for the Bid Alternate shall be used for the work of both the Alternateand the Base Bid work.BF – 2SE-330

2016 EditionSE-330LUMP SUM BID FORMINSTRUCTIONS FORSUBCONTRACTOR LISTING1.2.3.4.5.6.7.8.Section 7 of the Bid Form sets forth an Owner developed list of contractor/subcontractor specialties by contractor licensecategory and/or subcategory for which bidder is required to identify the entity (subcontractor(s) and/or himself) Bidderwill use to perform the work of each listed specialty.a. Column A: The Owner fills out this column, which identifies the contractor/subcontractor specialties for which thebidder must list either a subcontractor or himself as the entity that will perform this work. Subcontractor specialtiesare identified by contractor license categories or subcategories listed in Title 40 of the South Carolina Code of laws.Abbreviations of classifications to be listed after the specialty can be found iles/CLBClassificationAbbreviations.pdf . If the owner has notidentified a specialty, the bidder does not list a subcontractor.b. Columns B and C: In these columns, the Bidder identifies the subcontractors it will use for the work of eachspecialty listed by the Owner in Column A. Bidder must identify only the subcontractor(s) who will perform thework and no others. Bidders should make sure that their identification of each subcontractor is clear andunambiguous. A listing that could be any number of different entities may be cause for rejection of the bid as nonresponsive. For example, a listing of M&M without more may be problematic if there are multiple different licensedcontractors in South Carolina whose names start with M&M.Subcontractor Defined: For purposes of subcontractor listing, a subcontractor is an entity who will perform work orrender service to the prime contractor to or about the construction site pursuant to a contract with the prime contractor.Bidder should not identify sub-subcontractors in the spaces provided on the bid form but only those entities with whichbidder will contract directly. Likewise, do not identify material suppliers, manufacturers, and fabricators that will notperform physical work at the site of the project but will only supply materials or equipment to the bidder or proposedsubcontractor(s).Subcontractor Qualifications: Bidder must only list subcontractors who possess a South Carolina Contractor’s licensewith the license classification and/or subclassification identified by the Owner in the first column on the left. Thesubcontractor license must also be within the appropriate license group for the work of the specialty. If Bidder lists asubcontractor who is not qualified to perform the work, the Bidder will be rejected as non-responsible.Use of Own forces: If under the terms of the Bidding Documents, Bidder is qualified to perform the work of a listedspecialty and Bidder does not intend to subcontract such work but to use Bidder’s own employees to perform such work,the Bidder must insert its own name in the space provided for that specialty.Use of Multiple Subcontractors:a. If Bidder intends to use multiple subcontractors to perform the work of a single specialty listing, Bidder must insertthe name of each subcontractor Bidder will use, preferably separating the name of each by the word “and”. IfBidder intends to use both his own employees to perform a part of the work of a single specialty listing and to useone or more subcontractors to perform the remaining work for that specialty listing, bidder must insert his own nameand the name of each subcontractor, preferably separating the name of each with the word “and”. Bidder must useeach entity listed for the work of a single specialty listing in the performance of that work.b. Optional Listing Prohibited: Bidder may not list multiple subcontractors for a specialty listing, in a form thatprovides the Bidder the option, after bid opening or award, to choose to use one or more but not all the listedsubcontractors to perform the work for which they are listed. A listing, which on its face requires subsequentexplanation to determine whether it is an optional listing, is non-responsive. If bidder intends to use multiple entitiesto perform the work for a single specialty listing, bidder must clearly set forth on the bid form such intent. Biddermay accomplish this by simply inserting the word “and” between the names of each entity listed for that specialty.Agency will reject as non-responsive a listing that contains the names of multiple subcontractors separated by ablank space, the word “or”, a virgule (that is a /), or any separator that the Agency may reasonably interpret as anoptional listing.If Bidder is awarded the contract, bidder must, except with the approval of the Agency for good cause shown, use thelisted entities to perform the work for which they are listed.If bidder is awarded the contract, bidder will not be allowed to substitute another entity as subcontractor in place of asubcontractor listed in Section 7 of the Bid except for one or more of the reasons allowed by the SC Code of Laws.Bidder’s failure to identify an entity (subcontractor or himself) to perform the work of a subcontractor specialty listed inthe first column on the left will render the Bid non-responsive.BF – 2ASE-330

2016 EditionSE-330LUMP SUM BID FORM§ 8. LIST OF MANUFACTURERS, MATERIAL SUPPLIERS, AND SUBCONTRACTORS OTHERTHAN SUBCONTRACTORS LISTED IN SECTION 7 ABOVE (FOR INFORMATION ONLY):Pursuant to instructions in the Invitation for Construction Services, if any, Bidder will provide to Owner upon theOwner’s request and within 24 hours of such request, a listing of manufacturers, material suppliers, and subcontractors,other than those listed in Section 7 above, that Bidder intends to use on the project. Bidder acknowledges and agreesthat this list is provided for purposes of determining responsibility and not pursuant to the subcontractor listingrequirements of SC Code Ann § 11-35-3020(b)(i).§ 9. TIME OF CONTRACT PERFORMANCE AND LIQUIDATED DAMAGESa) CONTRACT TIMEBidder agrees that the Date of Commencement of the Work shall be established in a Notice to Proceed to be issuedby the Owner. Bidder agrees to substantially complete the Work within60Calendar Daysfrom the Date of Commencement, subject to adjustments as provided in the Contract Documents.b) LIQUIDATED DAMAGESBidder further agrees that from the compensation to be paid, the Owner shall retain as Liquidated Damages theamount of 250.00for each Calendar Day the actual construction time required to achieveSubstantial Completion exceeds the specified or adjusted time for Substantial Completion as provided in theContract Documents. This amount is intended by the parties as the predetermined measure of compensation foractual damages, not as a penalty for nonperformance.§ 10. AGREEMENTSa) Bidder agrees that this bid is subject to the requirements of the laws of the State of South Carolina.b) Bidder agrees that at any time prior to the issuance of the Notice to Proceed for this Project, this Project may becanceled for the convenience of, and without cost to, the State.c) Bidder agrees that neither the State of South Carolina nor any of its agencies, employees or agents shall beresponsible for any bid preparation costs, or any costs or charges of any type, should all bids be rejected or theProject canceled for any reason prior to the issuance of the Notice to Proceed.§ 11. ELECTRONIC BID BONDBy signing below, the Principal is affirming that the identified electronic bid bond has been executed and that thePrincipal and Surety are firmly bound unto the State of South Carolina under the terms and conditions of the AIADocument A310, Bid Bond, included in the Bidding Documents.ELECTRONIC BID BOND NUMBER:SIGNATURE AND TITLE:BF 3SE-330

2016 EditionSE-330LUMP SUM BID FORMCONTRACTOR'S CLASSIFICATIONS AND SUBCLASSIFICATIONS WITH LIMITATIONSC Contractor's License Number(s):Classification(s) & Limits:Subclassification(s) & Limits:By signing this Bid, the person signing reaffirms all representation and certification made by boththe person signing and the Bidder, including without limitation, those appearing in Article 2 of theInstructions to Bidders, is expressly incorporated by reference.BIDDER’S LEGAL NAME:ADDRESS:TELEPHONE:EMAIL:SIGNATURE:DATE:PRINT NAME:TITLE:BF 4SE-330

South Carolina Division of ProcurementServices, Office of the State Engineer Version of !AIA Document A201 TM - 2007General Conditions of the Contract for Constructionfor the following PROJECT:(Name and location or address)USC Union Central Building Metal Roof ReplacementUnion, South CarolinaTHE OWNER:(Name, legal status and address)University of South Carolina1300 Pickens StreetColumbia, South Carolina 29208The Owner is a Governmental Body of the State of South Carolina as defined byTitle 11, Chapter 35 of the South Carolina Code of Laws, as amended.THE ARCHITECT:(Name, legal status and address)Shepard & Associates3547 Dreher Shoals Road, Suite 6Irmo, South Carolina 29063TABLE OF ARTICLES12CONTRACTOR4ARCHITECT6CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS7CHANGES IN THE WORK8TIME9PAYMENTS AND COMPLETION10PROTECTION OF PERSONS AND PROPERTY12UNCOVERING AND CORRECTION OF WORK14TERMINATION OR SUSPENSION OF THE CONTRACT111315This document has important legalconsequences. Consultation withan attorney is encouraged withrespect to its completion ormodification.OWNER35lnit.GENERAL PROVISIONSThis version of AIA DocumentA201-2007 is modified by theSouth Carolina Division ofProcurement, Office of the StateEngineer Publication of this versionof AIA Document A201 does notimply the American Institute ofArchitects' endorsement of anymodification by South CarolinaDivision of Procurement, Office ofthe State Engineer. A comparativeversion of AIA Document A2012007 showing additions anddeletions by the South CarolinaDivision of Procurement, Office ofthe State Engineer is available forreview on the State of SouthCarolina Web site.SUBCONTRACTORSINSURANCE AND BONDSMISCELLANEOUS PROVISIONSCLAIMS AND DISPUTESAIA Document A201 -2007. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by TheAmerican lnstllute or Architecls. All rights reserved. South Carolina Division of Proc11rement Services, Office of the State Englnoe.r Version of AIADocument .A201 ""-2007 .Copyright 2016 by The American lnslllule or Archhecis. All rights reserved. WARNING: Thfs A1A Oocumont i!; protected byU. . Copyright Law and lnternaUonal· TreaUes. Unauthoriutd mproducllon or distribution of this AtA Oooumenl, or any portion of It, mBy rosult In severe civiland criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 03/06/2017 11 :41 :24under license number 2009582980, and is not for resale This document is licensed by The American Institute of Architects for one-time use only, and maynot be reproduced prior to its completion.1

Project Name: USC Union Central Building Metal Roof Replacement, Painting, and Exterior RepairsProject Number: H40-I304University of South CarolinaCONTRACTOR’S ONE YEAR GUARANTEESTATE OFCOUNTY OFWEas Contractor on the above-named project, do hereby guarantee that all work executed under therequirements of the Contract Documents shall be free from defects due to faulty materials and /orworkmanship for a period of one (1) year from date of acceptance of the work by the Owner and/orArchitect/Engineer; and hereby agree to remedy defects due to faulty materials and/or workmanship, andpay for any damage resulting wherefrom, at no cost to the Owner, provided; however, that thefollowing are excluded from this guarantee;Defects or failures resulting from abuse by Owner.Damage caused by fire, tornado, hail, hurricane, acts of God, wars, riots, or civil commotion.[Name of Contracting Firm]*ByTitle*Must be executed by an office of the ContractingFirm.SWORN TO before me thisday of , 2 (seal)StateMy commission expires

2016 EditionSE-355

Bid Bond (AIA A310) . 1 SE-330, Lump Sum Bid Form . 6 AIA Document A101-2007 Standard Form of Agreement between Owner and Contractor - South Carolina Division of Procurement Services, Office of State Engineer Version . 9 AIA Document A201-2007 General Conditions of the Contract for Construction- South Carolina .